Early Plea Bargains: Can You Negotiate Immediately? Truth Revealed

Yes—many criminal cases can be negotiated for a plea bargain immediately, sometimes within days of arrest, especially for misdemeanors or clear-cut facts. Prosecutors often consider early offers based on the police report, criminal history, and the strength of the evidence, though some cases require more investigation or formal charging first. This article explains when early plea talks are possible, how to approach negotiations, and the risks and benefits of moving fast.

Ray Hrdlicka – Host – Attorneys.Media

“Does it come into play right away, or is it somewhere down the road?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“That really depends, largely on the prosecutor and the relationships the criminal defense attorney has with the prosecutor.”

Ray Hrdlicka – Host – Attorneys.Media

“Really, so that plays an important part?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“It does. It does. In different ways. It does really depend on the personality and the goals of the particular prosecutor, as well as the guidelines and the policies of the office that the prosecutor works in. Generally, I’m dealing with a deputy prosecuting attorney. A deputy prosecuting attorney works for an elected prosecutor. That elected prosecutor sets the tone for the office and provides guidelines that his or her deputies can operate within.

So, if I have a good relationship with a prosecutor…and by good, I mean we can have conversations, we can talk to each other. Then plea bargaining can start early on. If I have a contentious relationship with a prosecutor, then plea bargaining may not start early on or maybe not at all because we just can’t communicate at all. Or I don’t believe the prosecutor is every going to be reasonable enough to make an offer that we are willing to accept. And I know that trial is inevitable.”